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CP 2006-06-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 13, 2006 DOUG STOVER, BILLY FAUGHT, Place 5 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 BRIANNA HINOJOSA-FLORES, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, June 6, 2006, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag061306 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Land sale West of Coppell Road and South of Bethel. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding proposed Sex Offender Ordinance. B. Discussion regarding appointment to the Economic Development Foundation. C. Discussion regarding Council Committee appointments. D. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. ag061306 Page 2 of 5 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 18, 2006 May 23, 2006 May 30, 2006. B. Consider approval of an Ordinance for Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development-212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane), and authorizing the Mayor to sign. C. Consider approval of an Ordinance for text amendments to the Coppell Zoning Ordinance to add definitions and regulations for hotels, motels and residence hotels, specifically: amending Sec. 12- 42-1, Special Definitions; Sec. 12-30 Special Use Permits to allow a hotel, motel and residence hotel by Special Use Permit in “HC” and. “H” districts; delete these uses by Special Use Permit from the “O”, “R” and “C” districts; amend Sec. 28A-1 to delete these uses as permitted in the “H” district, and further to add Sec. 12-30-18 Hotel, Motel and Residence Hotel to provide development standards for these uses, and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of Northlake 635 Business Park, Lot 2, Block B, (PSINet, Lot 1, Block A), Site Plan Amendment, to allow a two-story, 27,200-square- foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. 10. PUBLIC HEARING: Consider approval of Northlake 635 Business Park, Lot 2, Block B, (PSINet, Lot 1, Block A), Replat, to relocate the fire lane to accommodate the two- story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. ag061306 Page 3 of 5 ITEM # ITEM DESCRIPTION 11. PUBLIC HEARING: Consider approval of Freeport North, Lot 1R1 and 1R2, Block 1, Replat to subdivide Lot 1 into two lots and to retain the existing developments on 27.85 acres of property located along the west side of Royal Lane between Northpoint Drive and Gateview Boulevard. 12. Consider approval of an Ordinance of the city of Coppell making it unlawful for certain sex offenders to reside within 1,000 feet of premises where children gather, and authorizing the Mayor to sign. 13. Consider appointments to Council Committees. 14. A. Consider approval of resignation of Marvin Franklin from the Coppell Economic Development Foundation; and B. Consider approval of appointment of a member to fill the vacant unexpired Regular term on the Coppell Economic Development Foundation, term to expire July 2006. 15. Necessary action resulting from Work Session. 16. City Manager's Report. A. Water Usage Update. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding Council Retreat. C. Report by Mayor Stover regarding Update on Beer and Wine Petition. 18. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag061306 Page 4 of 5 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2006, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag061306 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2006 Economic Development • Aggressively pursue development partnership on Lesley tract • Analyze large tract development opportunities • Continue “hot spot” focus • Develop strategy for use/sale of city-owned property • Study revenue enhancements • Continue focus on vacant retail revitalization Quality Public Facilities & Infrastructure • Examine funding opportunities for IMF • Study continued use of ½-cent sales tax for parks • Continue focus on local and regional transportation efforts • Provide quality park and recreation facilities for all Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Initiate review and revisions of Code of Ordinances • Develop methods to enhance communication efforts • Promote citizen involvement • Examine our effectiveness at participating in state/federal legislative process Sense of Community • Develop and support community special events • Develop and support activities for teens • Embark on a “Coppell 2025” vision effort • Continue to evaluate cemetery issue • Evaluate services and programs for our senior adult community • Continue to partner with taxing entities serving our community, particularly our ISD’s Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management and reduction of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Protect the sales tax base from Streamlined Sales Tax initiative • Remain aware of external factors and developments that potentially impact the financial condition of the city Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update the Master Plan and Zoning as required • Continue proactive neighborhood integrity programs • Access HOA common area maintenance expectations and obligations Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public education programs • Continue traffic/speed control efforts DATE: June 13, 2006 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Land sale West of Coppell Road and South of Bethel. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: June 13, 2006 ITEM #:WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding proposed Sex Offender Ordinance. B. Discussion regarding appointment to the Economic Development Foundation. C. Discussion regarding Council Committee appointments. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession Memorandum To:Libby Ball, City Secretary From:Mindi Hurley, Economic Development Coordinator Jim Witt, City Manager Date:06/06/06 Re:Economic Development Foundation Appointment Due to the recent election of Marvin Franklin to City Council, the Coppell Economic Development Foundation has a vacant seat that needs to be filled. Each July, City Council selects five members from the Economic Development Committee to serve one-year terms on the Foundation. The replacement for Marvin Franklin will finish out the one-year term Mr. Franklin was appointed to in July 2005. The current make-up of the Coppell Economic Development Foundation includes Gary Roden, Bill Rohloff, Jason Crawford, Kris Fichtner and the seat that was vacated by Marvin Franklin. The remaining members on the Economic Development Committee to select from include Bill Lowery, Larry Kingsbury, James Pranske and Kenneth Luttmer. Due to the potential for a professional conflict of interest, staff recommends appointing Bill Lowery to the Coppell Economic Development Foundation. DATE: June 13, 2006 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc DEPT: City Secretary DATE: June 13, 2006 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: May 18, 2006 May 23, 2006 May 30, 2006. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes MINUTES OF MAY 18, 2006 The City Council of the City of Coppell met in Special Called Session on Thursday, May 18, 2006, at 6:00 p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Bill York, Councilmember Mayor Stover and Councilmember Suhy were absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. SPECIAL SESSION (Open to the Public) 1. Call to order. Mayor Pro Tem Brancheau called the meeting to order and determined that a quorum was present. 2. Canvass returns of the May 13, 2006 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. Presentation: City Attorney David Dodd read the Canvass of Returns and Declaration of Results of election into the record showing the following number of votes: Mayor Doug Stover 2,187 Bonnie Busboom 504 Place 2 Jayne Peters 2,023 Place 4 Marsha Tunnell 2,007 ag051806 Page 1 of 3 ITEM # ITEM DESCRIPTION Place 6 Mike Ridgley 1,115 Marvin Franklin 1,176 Action: Councilmember Peters moved to approve the Canvass of Returns and Declaration of Results. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 3. Consider approval of the resignation of Marvin Franklin from the Coppell Economic Development Committee. Action: Councilmember Faught moved to approve the resignation of Marvin Franklin from the Coppell Economic Development Committee. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. At this time, Mayor Pro Tem Brancheau adjourned into the Budget Workshop. BUDGET WORKSHOP (Open to the Public) 4. Convene Workshop A. Presentation by Service Organizations. 1. Metrocrest Social Service Center. 2. Metrocrest Family Medical Clinic. 3. Special Care & Career Services. 4. Children’s Advocacy Center. 5. Coppell Chamber of Commerce. 6. The Family Place. 7. Ballet Ensemble of Texas. 8. Senior Adult Services. 9. Coppell Farmer’s Market. 10. Youth Advisory Council. ag051806 Page 2 of 3 ITEM # ITEM DESCRIPTION B. Other Funds. 1. Special Revenue Funds. 2. CRDC Funds. 3. CEDC Funds. C. Mayor and Council Budget. There being no further business to come before the City Council, the meeting was adjourned. __________________________________ Douglas N. Stover, Mayor ATTEST: __________________________________ Libby Ball, City Secretary ag051806 Page 3 of 3 MINUTES OF MAY 23, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 23, 2006, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember (late arrival) Bill York, Councilmember Councilmember Hinojosa-Flores was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Land sale East of Coppell Road and South of Bethel. 2. Land sale West of Coppell Road and South of Bethel. cm052306 Page 1 of 9 ITEM # ITEM DESCRIPTION Mayor Stover convened into Executive Session at 5:48 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:46 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding appointment of Mayor Pro Tem. B. Discussion regarding Registered Sex Offender Ordinance. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember York led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Swearing-in of Mayor and Councilmembers 2, 4 and 6. Judge Marion Moseley swore in the following as a result of the May 13 election: Mayor Doug Stover Councilmember/Place 2 Jayne Peters Councilmember/Place 3 Marsha Tunnell Councilmember/Place 6 Marvin Franklin 8. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. cm052306 Page 2 of 9 ITEM # ITEM DESCRIPTION Action: Mayor Pro Tem Brancheau moved to appoint Billy Faught to serve as Mayor Pro Tem. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. At this time, the makeup of Council is as follows: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember 9. Presentation to and recognition of Councilmember Thom Suhy, Mayor Stover presented a plaque to former Councilmember Suhy and commended him for his work on City Council. 10. Swearing-in of new Fire Chief, Kevin Richardson. Judge Marion Moseley swore in Fire Chief Kevin Richardson. 11. Presentation of plaque to the city of Coppell by the American Cancer Society for their participation in the Relay for Life. Mike Dunn and Bill Borowski, representing the American Cancer Society Relay for Life, presented a plaque to Branda Snyder and Debbie Cravey, representing the City of Coppell Relay for Life team. 12. Consider approval of a proclamation honoring Senator Florence Shapiro for her work on school funding during the Special Legislative Session, and authorizing the Mayor to sign. cm052306 Page 3 of 9 ITEM # ITEM DESCRIPTION Presentation: Mayor Stover read the Proclamation for the record. Action: Councilmember Peters moved to approve a proclamation honoring Senator Florence Shapiro for her work on school funding during the Special Legislative Session, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 13. Consider approval of a proclamation congratulating Gregory Kyle Sturch on his appointment to West Point, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Gregory Kyle Sturch. Action: Mayor Pro Tem Faught moved to approve a proclamation congratulating Gregory Kyle Sturch on his appointment to West Point, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 14. Consider approval of a proclamation naming June 9, 2006 as Copperheads Appreciation Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to John Marston, Steve Pratt and Chris Sorrels with the Copperheads. cm052306 Page 4 of 9 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to approve a proclamation naming June 9, 2006 as Copperheads Appreciation Day, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 15. Report by Park Board. Presentation: Victor Burke, Chair of the Parks and Recreation Board, made the Board’s semi-annual report to Council. 16. Citizens' Appearances. There were no citizens signed up for Citizens’ Appearances. CONSENT AGENDA 17. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 9, 2006. B. Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $200,500.00 and authorizing the City Manager to sign. C. Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $126,000.00 and authorizing the City Manager to sign. D. Consider approval of a resolution authorizing the use of Community Development Block Grant funds from FY 2006 in the amount of $59,284 for the installation of cm052306 Page 5 of 9 ITEM # ITEM DESCRIPTION Americans with Disabilities Act compliant automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library, and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01), and authorizing the City Manager to execute the necessary documents for such funds; and authorizing the Mayor to sign. E. Consider Approval of a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments, providing for notice hereof to said company, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Resolution No. 2006-0523.1 and E carrying Resolution No. 2006-0523.2. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 18. Consider approval of a Resolution Canvassing Election Returns for the May 13, 2006 Bond Election; and authorizing the Mayor to sign. Presentation: City Attorney Robert Hager read the Resolution of Canvass of the Bond Election held on May 13 showing the following results: For 2,375 Against 420 Action: Councilmember Peters moved to approve Resolution No. 2006-0523.3 Canvassing Election Returns for the May 13, 2006 Bond Election; and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. cm052306 Page 6 of 9 ITEM # ITEM DESCRIPTION 19. Consider approval of awarding Bid/Contract # Q-0306-01 to Roadway Solutions, Inc., for the installation of Traffic Signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School Road, in an amount of $298,042 as provided for in Infrastructure Maintenance (IMF) funds and in Capital Improvement Project (CIP) funds; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Tunnell moved to approve awarding Bid/Contract # Q-0306-01 to Roadway Solutions, Inc., for the installation of Traffic Signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School Road, in an amount of $298,042 as provided for in Infrastructure Maintenance (IMF) funds and in Capital Improvement Project (CIP) funds; and authorizing the City Manager to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 20. Consider approval of awarding bid No. Q-0306-02, for the installation of the Wagon Wheel Park South Parking Lot, to JRJ Paving LP, in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. Presentation: Brad Reid, Director of Parks, made a presentation to the Council. Action: Councilmember York moved to approve bid No. Q-0306-02, for the installation of the Wagon Wheel Park South Parking Lot, to JRJ Paving LP, in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and cm052306 Page 7 of 9 ITEM # ITEM DESCRIPTION Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 21. Necessary action resulting from Work Session. There was no action necessary under this item. 22. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmember Faught. C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmember York. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa- Flores. I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau. J. North Texas Council of Governments - Councilmember Tunnell. K. NTCOG/Regional Emergency Management - L. North Texas Commission - Councilmember Peters. M. Senior Adult Services - Councilmember Faught. A. Councilmember Tunnell announced that the last day of school for LISD and CFBISD is May 25, 2006 and the 1st day of school is August 14. B. Councilmember Faught reported that CISD is very happy that the bond passed and that the elected officers are the same as last year. Their last day of school is May 24, 2006. C. There was nothing to report on this item. cm052306 Page 8 of 9 ITEM # ITEM DESCRIPTION D. Councilmember Peters elected to report on both this item and item #L together. The North Texas Commission is sponsoring the Partners in Mobility Conference in Austin. E. Councilmember York deferred to Councilmember Peters who attended the CEDC meeting in his absence. F. Councilmember Tunnell reported that the Hospital Authority is counting down to the deadline to decide on an operator covered by the authority. G. There was nothing to report on this item. H. There was nothing to report on this item. I. There was nothing to report on this item. J. Councilmember Tunnell announced that the NTCOG Annual Assembly, luncheon and half-day Mayor and Councilmember Workshop on Planning and Legal will take place on June 5, 2006 at the Arlington Hilton. K. There was nothing to report on this item. L. See Item #D. M. Councilmember Faught announced that all present were invited to attend the Fundraiser/Reception at the Brookhaven Country Club on June 15, 2006, for Senior Adult Services. 23. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm052306 Page 9 of 9 MINUTES OF MAY 30, 2006 The City Council of the City of Coppell met in Special Called Session on Tuesday, May 30, 2006, at 6:00 p.m. in the Board Room at Coppell Independent School District, 200 S. Denton Tap Road, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marvin Franklin, Councilmember Councilmembers Tunnell and York were absent from the meeting. Also present were City Manager Jim Witt and City Attorney Robert Hager. SPECIAL SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. JOINT EXECUTIVE SESSION WITH (Closed to the Public) COPPELL ISD SCHOOL BOARD TRUSTEES 2. Convene Joint Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Special Legal Counsel. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court. ag053006 Page 1 of 3 ITEM # ITEM DESCRIPTION Mayor Stover convened into Executive Session at 6:15 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 8:22 p.m. and opened the Special Session. SPECIAL SESSION (Open to the Public) 3. Necessary action resulting from Executive Session. Action: Mayor Pro Tem Faught moved to moved to authorize the attorneys representing the City of Coppell to file a lawsuit against the City of Dallas to challenge the validity of its actions relative to the Northlake property and effects upon the general regional welfare to claims relating to and including the City of Dallas zoning of that property. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores and Franklin voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) Convene Joint Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney and School Board Special Legal Counsel. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court. Mayor Stover reconvened into Executive Session at 8:36 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:55 p.m. and opened the Special Session. ag053006 Page 2 of 3 ITEM # ITEM DESCRIPTION SPECIAL SESSION (Open to the Public) There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary ag053006 Page 3 of 3 DEPT: Planning DATE: June 13, 2006 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development-212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane), and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On January 19, 2006, the Planning Commission recommended approval, but denied the variance regarding a parking variance of 24% On May 9, 2006, the Coppell City Council approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @ PD-212-LI, FN, L1,B1 (ORD) 1-AR 1 66732 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO PD-212-LI (PLANNED DEVELOPMENT-212-LIGHT INDUSTRIAL), TO AMEND THE APPROVED SITE AND LANDSCAPE PLANS TO ALLOW AN EXPANSION TO THE OFF-STREET PARKING AREAS; TO ALLOW DEFICITS IN PARKING AND LANDSCAPING, AND TO ALLOW ADDITIONAL SITE MODIFICATIONS ON 12.28 ACRES OF PROPERTY LOCATED AT 1111 NORTHPOINT DRIVE (SOUTHWEST CORNER OF NORTHPOINT DRIVE AND ROYAL LANE), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, SCREENING WALL ELEVATION FROM SOUTHEAST PARKING AT ROYAL LANE, SCREENING DETAILS FOR GENERATOR, AND DETAIL OF PATIO AREA AS EXHIBITS “B”, “C”, “D”, “E” AND “F”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-212-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 2 66732 SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “LI (Light Industrial) to PD-212- LI (Planned Development-212-Light Industrial), to amend the approved Site and Landscape Plans to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane) and being more particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions as set forth herein below: A. A minimum of 820 total parking spaces as indicated on the site plan shall be provided for this use. B. Landscaping shall be permitted as indicated on the Landscape Plan, which is attached hereto as Exhibit C. C. The relocation of the existing 12 Cedar Elm trees, in accordance with the Landscaping Plan, currently located adjacent to the TU Electric Utility easement shall be verified to the Parks or Recreational Manager at the time of relocation and shall be maintained in a healthy growing state. 3 66732 SECTION 3.That the Site Plan, Landscape Plan, Screening Wall Elevation from Southeast Parking at Royal Lane, Screening Details for Generator, and Detail of Patio Area attached to as Exhibits “B”, “C”, “D”, “E” and “F”, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 4 66732 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2006. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (REH/cdb 5/25/2006) STATE OF TEXAS COUNTY OF DALLAS DESCRIPTION, of a 12.276 acre tract of land situated in the C.S. Dunnagan Survey, Abstract No. 1655 and the William K. Payne , Survey Abstract No. 1140, Dallas County, Texas, said tract being part of Lot 1, Block 1 of Freeport North, an addition to the City of Coppell, Texas according to the replat recorded in Volume 98193, Page 31 of the Deed Records of Dallas County, Texas; and being a portion of the same tract described as Freeport North land in Special Warranty Deed from MEPCO&I Inc. to Weeks Realty L.P. recorded in Volume 99018, Page 3401 of the Deed Records of Dallas County, Texas; said 12.276 acre tract being more particularly described as follows; BEGINNING, at a 1/2-inch iron rod found, said point being the northwest end of a right-of-way corner clip at the intersection of the west right-of-way line of Royal Lane (a 100 foot wide right-of-way) and the north right-of-way line of Northpoint Drive (a 80 foot wide right-of-way); said point being the most northerly northeast corner of said Lot 1; THENCE, South 29 degrees, 05 minutes, 20 seconds East, along the said right- of-way corner clip, a distance of 14.51 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found in the said west line of Royal Lane; said point being the beginning of a non-tangent curve to the left whose center bears South 52 degrees, 39 minutes, 30 seconds East a distance of 950.00 feet from said point; THENCE, in a southwesterly and southerly direction along the said westerly line of Royal Lane the following three calls; In a southwesterly direction, and along the said non-tangent curve to the left, through a central angle of 04 degrees, 54 minutes, 51 seconds, an arc distance of 81.48 feet, on a chord bearing and distance of South 34 degrees, 53 minutes, 05 seconds West, 81.45 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found at the end of said curve; South 37 degrees, 20 minutes, 31 seconds West, a distance of 170.92 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found; said point being the beginning of a tangent curve to the left whose center bears South 52 degrees, 39 minutes, 29 seconds East a distance of 1050.00 feet from said point; In a southerly direction and along the said tangent curve to the left, through a central angle of 37 degrees, 20 minutes, 31 seconds, an arc distance of 375.12feet, on a chord bearing and distance of South 18 degrees, 40 minutes, 15 seconds West, 672.28 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner in the east line of said Lot 1; THENCE, South 72 degrees, 06 minutes, 06 seconds East, along the southern property line of said 12.276 acre tract, a distance of 38.98 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set at end of said curve; THENCE, in a northwesterly direction, through a central angle of 10 degrees, 24 minutes, 01 seconds, an arc distance of 56.63 feet, on a chord bearing and distance of South 67 degrees, 54 minutes, 06 seconds West, 56.56 feet to a 1/2- inch iron rod with "Pacheco Koch" cap set at end of said curve; THENCE , in a northwesterly direction, through a central angle of 20 degrees, 23 minutes, 42 seconds, an arc distance of 28.78 feet, on a chord bearing and distance of South 72 degrees, 53 minutes, 56 seconds West, 56.65 feet to a 1/2- inch iron rod with "Pacheco Koch" cap set for corner; THENCE, South 00 degrees, 08 minutes, 38 seconds East, a distance of 3.71’ to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner; THENCE, North 89 degrees, 51 minutes, 22 seconds East, a distance of 59.09’ to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner; THENCE, South 00 degrees, 08 minutes, 38 seconds East, a distance of 22.43’ to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner; THENCE, South 89 degrees, 51 minutes, 22 seconds East, a distance of 747.04’ to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner in the east line of tract of land described in deed to Greenway Grapevine/Coppell Partners, Ltd. recorded in Volume 96097, Page 3964 of the Deed Records of Dallas County, Texas; THENCE, North 00 degrees, 34 minutes, 51 seconds West, continuing along the said east line of the Greenway Grapevine/Coppell tract, a distance of 470.70 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found in the south right-of-way line of Northport Drive (an 80 foot wide right-of-way); THENCE, North 89 degrees, 50 minutes, 31 seconds East, along the said south line of Northpoint Drive, a distance of 1268.00 feet to the Point of Beginning; CONTAINING, 534,748 square feet or 12.276 acres of land, more or less. 75'-0"10'-0"EXISTING AUSTRIAN PINESEXISTING OAK TREESLINE OF EXISTING BUILDINGALIGN W/ EXISTING PANEL REVEALSSCREEN WALL LEAVE-OUT FOR AREA DRAINPILASTER AT 8'-0" O.C.Phone: (972) 361-6700FREEPORT IV - COPPELL, TEXASPROPOSED SCREEN ELEVATION FROM SE PARKING AT ROYAL LNFax: (972) 361-6800Dallas, TX 752545495 Belt Line RdSuite 3608 MARCH 2006ELEVATIONSCALE: 1/8" = 1'-0" ISSUESREVISIONSSOUTHGENERATORWALLELEVATIONJOB: 05176.0000DATE: 2.3.2006SHEET:11246 3 February 2006 G:\CAD\05176\0000\SP0.01 SOUTH GENERATOR WALL ELEVATION.dwg CORGANCITIGROUP 1111 NORTHPOINT DR. COPPELL, TXSP0.01METAL COPINGLINE OF GENERATORBEYOND CMU SCREEN WALL SHALL RECEIVE STUCCO AND BE PAINTED TO MATCHCOLOR OF PRE-CAST CONC. PANELS10'-10"1'-6" 9'-4" '8"SCREEN ELEV. SOUTH1SCREEN ELEV. EAST2SCREEN ELEV. WEST3 KEY PLANNORTHISSUESREVISIONSNEW SMOKINGAREA PLANSJOB: 05176.0000DATE: 12.02.05SHEET:11226 26 January 2006 G:\CAD\05176\0000\A2.3 SMOKING AREA PLAN.dwg CORGANCITIGROUP 1111 NORTHPOINT DR. COPPELL, TXA2.30SCALE: 1/4" = 1'-0"02ENLARGED PLAN6'-0"SCALE: 1/4" = 1'-0"01ENLARGED PLANEL.100'-0"F.F.EL.99'-11 1/2"ELEV.EL.97'-5 1/2"ELEV.GRASSGRASSGRASSGRASSGRASSGRASSGRASSDESIGNATED SMOKING AREAFIRE LANE FIR E L A N E FIRE LANEFIRE LANE RA5445LEGENDELEVATION FLAGCOLUMN TAGDOOR TAG000000PARTITION TYPE00EQUIPMENT TAG0DELTA REVISION TAGEXIST. TO BE REMOVEDEXISTING TO REMAIN104'-0"H PICNIC AREA BY OTHERSGRASSCEDARCEDARCEDARCEDARCEDARCYPRESSOAKOAKOAKOAK5'-0"4'-0"5'-0"9'-0"8'-2 1/4"4'-0"4'-0"5'-0 "EXIST. RAMPNEW SIDEWALK NEW SIDEWALK NEW LANDSCAPING BY OTHERSEXIST. SHRUBSEXIST. ELEC. CONDUITSEXIST. GAS METERSEXISTING DESIGNATED SMOKING AREA ASHTRAY/TRASHCAN6' METAL BENCHCONC. STEPPING STONESCONC. SLABEXISTING SIDEWALKCONC. SLABEXIST. TREE TO BE RELOCATED AS SHOWN GRASSSLOPE MAX.1:20 EL.99'-0"ELEV.ASHTRAY/TRASHCANEXISTING 6' METAL BENCHSHIM UNDER BENCHTO LEVELEL.98'-10"ELEV.EL.98'-0"ELEV.EL.98'-4"ELEV.5'-0"EL.99'-11 1/2"ELEV.REGRADE AND RELANDSCAPE INTHIS AREA TO ALIGN WITH SIDEWALK3'-0"4" WIDE x 4" HIGHCONCRETE CURB5'-0"HANDICAP PARKING SIGNTHE WORK SHOWN IN THIS DRAWING IS OUTSIDE THE SCOPE OF THIS PROJECT IT IS SHOWN ONLY AS A COURTESY FOR THE OWNER.NOTEH01CONSTRUCTION PACKAGE12.02.05RELOCATED TREE DEPT: Planning DATE: June 13, 2006 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for text amendments to the Coppell Zoning Ordinance to add definitions and regulations for hotels, motels and residence hotels, specifically: amending Sec. 12-42-1, Special Definitions; Sec. 12-30 Special Use Permits to allow a hotel, motel and residence hotel by Special Use Permit in “HC” and. “H” districts; delete these uses by Special Use Permit from the “O”, “R” and “C” districts; amend Sec. 28A-1 to delete these uses as permitted in the “H” district, and further to add Sec. 12-30-18 Hotel, Motel and Residence Hotel to provide development standards for these uses, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On April 20, 2006 the Planning Commission recommended approval of this text amendment (5-0). On May 9, 2006, Council unanimously approved this text amendment (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @ TA, HMR, (ORD) 1-AR 1 66691 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE ZONING ORDINANCE NO. 91500, BY DELETING SECTION 12-28A-1, SUBSECTION 22 AND BY AMENDING ARTICLE 30, S OR SUP, SPECIAL USE PERMITS, BY DELETING SECTION 12.30-7, SUBSECTION 9, SECTION 12-30-8, SUBSECTION 15, SECTION 12-30-10, SUBSECTION 15, AND RENUMBERING EACH SECTION ACCORDINGLY; BY AMENDING SECTION 12-30-9, SUBSECTION 18 AND SECTION 12-30-13A, BY ADDING SUBSECTION 23, TO PROVIDE FOR RESIDENCE HOTEL AND SUBSECTION 24, TO PROVIDE FOR BED AND BREAKFAST; AND BY ADDING SECTION 12-30-18 TO PROVIDE FOR HOTEL, MOTEL AND RESIDENCE HOTEL REGULATIONS; AND, BY AMENDING ARTICLE 42, SECTION 12- 42-1 BY AMENDING DEFINITIONS OF HOTEL AND MOTEL AND TO PROVIDE A DEFINITION FOR RESIDENCE HOTEL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as heretofore amended be and the same is hereby amended by deleting Section 12-28A-1, Subsection 22 and by amending Article 30, S or Sup, Special Use Permits, by deleting Section 12.30-7, Subsection 9; Section 12-30-8, Subsection 15; Section 12-30-10, Subsection 15; Section 12-28A-1, Subsection 22; and renumbering each section accordingly, to read as follows: “Sec. 12-28A-1. Use regulations. . . . . . 21. Heating and air conditioner shop. 22. Incidental retail and service uses. . . . . . 41. Uses permitted by special use permit according to section 12-30-14. . . . . . 2 66691 ARTICLE 30. S OR SUP, SPECIAL USE PERMIT . . . . Sec. 12-30-7. “O” office. . . . . . 8. Fair grounds 9. Nursing home or home for the aged. . . . . . 25. Restaurant or private club. . . . . Sec. 12-30-8. “R” retail. . . . . . 14. Instrument manufacturing or testing. 15. Pawn Shops . . . . . 26. Any permitted uses allowed within the “O” office special use permit section. . . . . Sec. 12-30-10. “C” commercial. . . . . . 14. Instrument manufacturing or testing. 15. Pawn shops. . . . . . 36. Any permitted uses allowed with the “O” office, “R” retail or “C” commercial special use permit district. . . . .” SECTION 2. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending Section 12-30-9, Subsection 18 and Section 12-30-13A, by adding Subsection 23, to provide for residence hotel, which shall read as follows: “Sec. 12-30-9. “HC” highway commercial. . . . . . 18. Motel, hotel or residence hotel. (refer to Section 12-30-18 for specific regulations). . . . . . Sec. 12-30-13A. H” historic. 3 66691 . . . . . 23. Motel, Hotel, Residence Hotel (refer to Section 12-30-18 for specific regulations) 24. Bed and Breakfast. SECTION 3. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended be, and the same is hereby amended by adding Section 12-30-18, which shall read as follows: Sec. 12-30-18 Hotel, Motel and Residence Hotel. A Special Use Permit for a Hotel, Motel or Residence Hotel use may be approved only when there is a finding and determination by the City Council, following a favorable recommendation by the Planning and Zoning Commission, that the type of Hotel, Motel or Residence Hotel proposed is compatible and consistent with and will have no adverse affect on existing uses in the area, that the proposed use is equal to or exceeds development standards of other uses and that the proposed use will not adversely affect the ability to locate, in the future, additional uses that are allowed within the zoning district of the area. 1. Hotel and Motel developments shall be subject to the following development standards: a. A minimum lot size for a hotel or motel development shall be no less than four (4) acres, with the exception that a lot size less than four (4) acres may be permitted provided the City Council, following a favorable recommendation by the Planning and Zoning Commission, and after review of submitted data and facts, finds and determines that such facility is an appropriate use, design and lay-out for the site and area. Under no circumstance shall a lot of less than two (2) acres be utilized for this use. b. Shall provide staff on-site 24 hours a day c. Shall contain a lobby with a minimum of 150-square feet. d. Shall provide a minimum of three amenities from the list below: 1. Indoor/Outdoor Pool 2. Spa/Sauna 3. Weight Room/Fitness Center 4. Playground 5. Sports Court 6. Plaza/Atrium 4 66691 7. Game Room 8. Jogging Trail 9. Conference Room (1,000-square-foot minimum) 10. Full Service Restaurant (minimum seating capacity of 35) 2. Residence Hotel developments shall be subject to the following development standards: a. Not more than 22 room units per acre; b. Shall contain a lobby with a minimum of 150 square feet. c. Shall maintain laundry facilities on-site for guest use d. Shall provide staff on-site 24 hours a day e. Shall provide a minimum of three amenities from the list below: 1. Indoor/Outdoor Pool 2. Spa/Sauna 3. Weight Room/Fitness Center 4. Playground 5. Sports Court 6. Plaza/Atrium 7. Game Room 8. Jogging Trail 9. Conference Room (1,000 square foot minimum) 10. Full Service Restaurant (minimum seating capacity of 35) f. Shall maintain a minimum separation of fifteen-hundred feet (1,500') measured linearly from property line to property line from any other Hotel, Motel or Residence Hotel property. g. All of the room units shall contain kitchen facilities. h. Open space shall be provided in sufficient quantity and location to allow for required additional parking should the residence hotel convert to multi-family residences (two spaces per unit).” SECTION 4.That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended be, and the same is hereby amended by amending Article 42, Section 12-42-1 by amending definitions of hotel and motel and to provide a definition for residence hotel, which shall read as follows “ARTICLE 42. SPECIAL DEFINITIONS 5 66691 Sec. 12-42-1. Definitions. . . . . . Hotel: An establishment offering lodging to the traveling public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. The establishment furnishes customary hotel services and may contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A hotel is a non-residential use. . . . . . Motel: An establishment offering to the traveling public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached guest rooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby. The establishment furnishes customary hotel services and may contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a non- residential use. . . . . . Residential districts: . . . Residential Hotel: A multi-dwelling, extended stay lodging facility consisting of efficiency units or suites with a complete kitchen, suitable for long-term occupancy. Customary hotel services such as linens, maid service and telephone are provided,. Financial consideration being calculated on a nightly, weekly, and./or monthly basis. Typical residence hotel attributes include, but are not limited to, kitchen facilities, two-story design and external doorways into room units. This definition shall not include other dwelling untis as defined by this ordinance. Residential structures: . . . . . . . .” SECTION 5.That all ordinances and provisions of the Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the 6 66691 same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. SECTION 9. That this ordinance shall become effective immediately from and after its passage and publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2006. APPROVED: ________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Planning DATE: June 13, 2006 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of Northlake 635 Business Park, Lot 2, Block B, (PSINet, Lot 1, Block A), Site Plan Amendment, to allow a two-story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: May 18, 2006 Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, McCaffrey, Kittrell, Haas and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The new addition shall be designed using brick with steel framework adjacent to fire lane, so that any potential wall failure during fire conditions will minimize chance of failure into collapse zone. 2) A tree removal permit will be required prior to start of construction. 3) Contact Jeff Curry at 972-888-1330 to discuss electric load requirements. 4) Verify all provided tree calculations for each landscaping category (Perimeter, Non-vehicular and Interior). Agenda Request Form - Revised 09/04 Document Name: @1Nl 635 BP, L2, BB, SPA 1-AR Item # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Northlake 635 Business Park, Lot 2R, Block B, Site Plan Amendment (PSINet, Lot 1, Block A) P & Z HEARING DATE: May 18, 2006 C.C. HEARING DATE: June 13, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: 1333 Crestside Drive SIZE OF AREA: 6.527 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: To allow a two-story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. APPLICANT: Architect: Engineer: Contact: Merriman Associates O’Donald Engineering Contractors & Associates Brian Degravelle Brandon O’Donald Bill Homrighausen 300 N Field St. 8912 Sirocka Dr 3333 Welborn St, #200 Dallas, TX 75202 Benbrook, TX 76116 Dallas, TX 75219 Phone: (214) 987-1299 (817) 794-0202 (214) 525-5114 Fax: (214) 987-2138 (817) 548-8430 (214) 520-0413 HISTORY: On July 14, 1998, Council approved a Site Plan and Minor Plat on this property to allow for the construction of an 80,000-square-foot office building. At that time, the proposed user for the property was a call center. Although the building was constructed and the site fully developed and landscaped, it was never occupied for that use. Item # 4 Page 2 of 3 On March 14, 2000, Council approved a Replat and an Amended Site Plan for this building to allow for the construction of a 20,120-square-foot courtyard area addition to house mechanical equipment to serve a start-up internet access provider, PSINet. Unfortunately, they occupied this building for less than a year. In August 2003, a Minor Amending Site Plan, supported by the Fire Marshal, was administratively approved to allow for the closing of one driveway and the widening of another, with a gated entrance and additional landscaping. In November 2003, Council approved an amendment allowing for a sunbrella fabric canopy to cover 28 parking spaces. In October 2005, another Minor Amending Site Plan was administratively approved for the addition of bollards and shrubs along the perimeter of the site. On March 16, 2006, a site plan amendment to allow a two-story, 17,550- square-foot expansion to the existing structure was recommended for approval by the Planning and Zoning Commission. Subsequent to the meeting, the applicant requested that the item be removed from the City Council agenda in order to increase the proposed expansion to 27,200 square feet. TRANSPORTATION: Lakeshore Drive is a concrete street with a 41-foot pavement width within a 60-foot right-of-way. Crestside Drive is a concrete street with a 37-foot pavement width within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North – Office; LI (Light Industrial) South – vacant; A (Agriculture) East – warehousing; LI (Light Industrial) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light Industrial/Showroom uses. DISCUSSION: This request is for a new two-story office addition to the south side of the existing structure. The addition is extending into an area previously used as parking and fire lane; therefore, the parking space total is being reduced from 267 to 216 and the fire lane is being shifted south. The reduction in parking will not bring the site out of conformance with our parking regulations. The uses are now being classified as 51,065-square feet of computer area and 56,137-square feet office area, bringing the required parking to 210 spaces. The proposed elevations will match the existing Item # 4 Page 3 of 3 structure, the majority being a reddish-brown “Park Rose” with a band of dark brown “Ironstone” with cast stone star accents and windows throughout. There are a total of 28 new trees being added to the site. Twelve Redbud ornamentals are being added within the 13-foot TP&L easement on the south property line. The remaining trees are over-story and have been added throughout the site to meet the tree requirements of the Landscape section of the Zoning Ordinance. All and all, staff is in support of the building addition, the fire lane shift and landscaping modification and has only minor changes to be made (listed as conditions of approval). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) The new addition shall be designed using brick with steel framework adjacent to fire lane, so that any potential wall failure during fire conditions will minimize chance of failure into collapse zone. 2) A tree removal permit will be required prior to start of construction. 3) Contact Jeff Curry at 972-888-1330 to discuss electric load requirements. 4) Remove bold line on the southwest section of the site and show all existing bollards. 5) The floor area ratio should read .377 to 1. 6) Verify all required/provided tree calculations for each landscaping category (Perimeter, Non-vehicular and Interior). ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevations DEPT: Planning DATE: June 13, 2006 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Northlake 635 Business Park, Lot 2, Block B, (PSINet, Lot 1, Block A), Replat, to relocate the fire lane to accommodate the two-story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: May 18, 2006 Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, McCaffrey, Kittrell, Haas and Reese voting in favor. Non opposed. Approval is recommended, subject to the following condition: 1) Comply with the attached Engineering comment sheet. Agenda Request Form - Revised 09/04 Document Name: @2Nl 635 BP, L2, BB, Rep 1-AR Item # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Northlake 635 Business Park, Lot 2, Block B, Replat (PSINet, Lot 1, Block A) P & Z HEARING DATE: May 18, 2006 C.C. HEARING DATE: June 13, 2006 STAFF REP.: Matt Steer, City Planner LOCATION: 1333 Crestside Drive SIZE OF AREA: 6.527 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: To relocate the fire lane to accommodate the two-story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building on 6.527 acres of property located at 1333 Crestside Drive. APPLICANT: Architect: Engineer: Contact: Merriman Associates O’Donald Engineering Contractors & Associates Brian Degravelle Brandon O’Donald Bill Homrighausen 300 N Field St. 8912 Sirocka Dr 3333 Welborn St, #200 Dallas, TX 75202 Benbrook, TX 76116 Dallas, TX 75219 Phone: (214) 987-1299 (817) 794-0202 (214) 525-5114 Fax: (214) 987-2138 (817) 548-8430 (214) 520-0413 HISTORY: On July 14, 1998, Council approved a Site Plan and Minor Plat on this property to allow for the construction of an 80,000-square-foot office building. At that time, the proposed user for the property was a call center. Although the building was constructed and the site fully developed and landscaped, it was never occupied for that use. Item # 5 Page 2 of 3 On March 14, 2000, Council approved a Replat and an Amended Site Plan for this building to allow for the construction of a 20,120-square-foot courtyard area addition to house mechanical equipment to serve a start-up internet access provider, PSINet. Unfortunately, they occupied this building for less than a year. In August 2003, a Minor Amending Site Plan, supported by the Fire Marshal, was administratively approved to allow for the closing of one driveway and the widening of another, with a gated entrance and additional landscaping. In November 2003, Council approved an amendment allowing for a sunbrella fabric canopy to cover 28 parking spaces. In October 2005, another Minor Amending Site Plan was administratively approved for the addition of bollards and shrubs along the perimeter of the site. On March 16, 2006, a site plan amendment to allow a two-story, 17,550- square-foot expansion to the existing structure was recommended for approval by the Planning and Zoning Commission. Subsequent to the meeting, the applicant requested that the item be removed from the City Council agenda in order to increase the proposed expansion to 27,200 square feet. TRANSPORTATION: Lakeshore Drive is a concrete street with a 41-foot pavement width within a 60-foot right-of-way. Crestside Drive is a concrete street with a 37-foot pavement width within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North – Office; LI (Light Industrial) South – vacant; A (Agriculture) East – warehousing; LI (Light Industrial) West – warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light Industrial/Showroom uses. DISCUSSION: The purpose of this Replat is to relocate the fire lane easement on the south side of the existing structure to allow for the proposed 27,200- square-foot two-story expansion. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Item # 5 Page 3 of 3 Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Remove the notary signature block located below the City Secretary signature block. 2) Comply with the attached Engineering comment sheet. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Replat 2) Engineering comment sheet CITY OF COPPELL 2nd DRC REPORT Project ID RP-06-0018 Project Type Replat Project Name Northlake 635 Business Park, Lot 2, Block B Project Description To relocate the fire lane to accommodate the two-story, 27,200-square-foot addition (13,600-square feet per floor) to the existing Crestside Facilities building Application Date 4/20/2006 Case Manager Matt Steer 1 Address 1333 Crestside Dr of 1 CommentsAgency 1. Water lines 10" in diameter and smaller shall be Class 200, DR-14. Please modify the utility notes accordingly. 2. Construction plans should be submitted for review and construction permit should be applied for through the Engineering Department. Additional comments may be generated upon detailed engineering review. Engineering DEPT: Planning DATE: June 13, 2006 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Freeport North, Lot 1R1 and 1R2, Block 1, Replat to subdivide Lot 1 into two lots and to retain the existing developments on 27.85 acres of property located along the west side of Royal Lane between Northpoint Drive and Gateview Boulevard. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: May 18, 2006 Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, McCaffrey, Kittrell, Haas and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1. Address Engineering comments (attached). Agenda Request Form - Revised 09/04 Document Name: @3FN, L1R1-1R2, B1, Rep 1-AR Item #6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Freeport North, Lot 1R1 and 1R2, Block 1, Replat P & Z HEARING DATE: May 18, 2006 C.C. HEARING DATE: June 13, 2006 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: West side of Royal Lane, between Northpoint Drive and Gateview Boulevard SIZE OF AREA: 27.85 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: To subdivide Lot 1 into two lots with Lot 1R1 containing 12.27 acres, Lot 1R2 containing 15.57 acres and retaining the existing development on both lots. APPLICANT: Owner: Engineer: Duke Construction Pacheco Koch Engineers 5495 Belt Line Road Chad Jackson Suite 360 8350 N. Cent. Expressway Dallas, TX. 75254 Suite 1000 (972) 361-6700 Dallas, TX. 75206 FAX: (972) 235-9544 (972) 235-3031 FAX: (972) 235-9544 Item #6 Page 2 of 3 HISTORY: This property was originally platted into one, 27.85 acre lot in 1997. Subsequent to that plat approval, two buildings were constructed on the lot. TRANSPORTATION: Royal Lane is a C4D/6, four-lane concrete divided roadway contained within a 100-foot right-of-way. Northpointe Drive is a two-lane, undivided concrete road with 80 feet of right-of-way. Gateview Boulevard is an existing two-lane, concrete cul-de-sac street contained within 60 feet of right-of-way, with limited access to the Fellowship Church parking lot. SURROUNDING LAND USE & ZONING: North - office/warehousing: LI Light Industrial South - office/warehousing; LI, Light Industrial East - office/warehousing; LI, Light Industrial West - church parking lot; LI, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial uses. DISCUSSION: With the exception of an additional landscaping requirement, this is a rather straight-forward case in that the owner of these two buildings wishes to replat into two lots with the purpose of selling an existing 297,000-square-foot building located on the southern portion. The replat into two lots is required for ownership of the building and the land upon which it sits to legally transfer. Fortunately, when the property was initially developed, a twenty- foot wide landscaped area was included between the two buildings (generally a problem with replats). However, even though we have the twenty-foot buffer, 15 trees are required to be on the north property line of the southern lot. An on-site analysis resulted in 13 trees being properly located, requiring two additional trees to conform to our zoning code. In addition, the landscape plan does not accurately depict the parking configuration along the north property line. There are more parking spaces along the northwest boundary of the site than the landscape plan currently shows. The plan needs to be modified to show the actual parking lot pattern. Since this is an existing building meeting our other existing development standards—parking dimensions, site plan, facade, fire Item #6 Page 3 of 3 lanes, etc.—we can support this request with conditions relative to landscaping and parking modification. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1. Provide two additional trees (species listed in the Plant Palette) of at least 3-inch caliper in the north landscape area. 2. Add the following note to the Landscape Plan Exhibit under Perimeter Landscaping: North Property Line (745 l.f.) Required Provided (15) Trees (15) trees 3. Add to Landscape Plan Exhibit parking spaces on north side of building. 4. Address Engineering comments (attached). ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Replat Document 2) Landscape Plan 3) Departmental comments (Engineering) attached DEPT: City Manager DATE: June 13, 2006 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the city of Coppell making it unlawful for certain sex offenders to reside within 1,000 feet of premises where children gather, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Ordinance DRAFT 5/17/2006 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 130 OF THE COPPELL CITY CODE TO ADD SECTION 130.24 MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER SECTION _______ CHAPTER _____ OF THE COPPELL CITY CODE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF $500; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell determines and declares that sex offenders are a serious threat to public safety; and WHEREAS, the City Council determines that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and WHEREAS, the City Council determines that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter ____ of the Coppell City Code shall be amended by the addition of the following Section _______: Sec. ______. Regulation of Sex Offender Residency. (A) Definitions. For the purposes of this Section, the following terms, words, and the derivations thereof shall have the meanings given herein. 1) Minor. A minor is a person younger than seventeen (17) years of age. 2) Permanent Residence. A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. 3) Temporary Resident. A place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence. (B) Offenses. 1) For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the “Database”) because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, which, for purposes of this Ordinance, shall be a public park; private or public school; or day care center, as such terms are defined in the Comprehensive Zoning Ordinance of the City of Coppell, or any public or non-profit recreational facility. For the purposes of this Ordinance, planted street medians are not public parks. 2) Evidentiary matters; measurements. a) It shall be prima facie evidence that this Section applies to such a person if that person’s record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. b) For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein. c) A map depicting the prohibited areas shall be maintained by the City of Coppell. The City shall review the map at least annually for changes. Said map will be available to the pubic at the Coppell Police Department. 3) Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this Chapter. 4) Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply: 66381 2 a) The person required to register on the Database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this Ordinance. b) The person required to register on the Database was a minor w hen he or she committed the offense requiring such registration and was not convicted as an adult. c) The person required to register on the Database is a minor. d) The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the Database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. e) The information on the Database is incorrect, and, if corrected, this Section would not apply to the person who was erroneously listed on the Database. SECTION 2. A violation of any of the provisions of this Ordinance shall be deemed to be a misdemeanor and, upon conviction of such violation, such violation shall be punished by a penalty of fines as set forth in 10.99 for each offense. SECTION 3. That, save and except as amended by this Ordinance, __________of the Coppell City Code shall remain in full force and effect. SECTION 4. That the provisions of this Ordinance are severable in accordance with Section _______of the Coppell City Code. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are specifically repealed. SECTION 6. That this Ordinance shall become effective from and after its passage and publication. 66381 3 PASSED AND APPROVED by the City Council of the City of Coppell, Texas this _____ day of May, 2006. CITY OF COPPELL, TEXAS Douglas Stover, Mayor ATTEST: Libby Ball, City Secretary APPROVED AS TO FORM: J. David Dodd, III, City Attorney (JDD/als) (66381) 66381 4 DEPT: City Secretary DATE: June 13, 2006 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider appointments to Council Committees. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %committees DEPT: City Secretary DATE: June 13, 2006 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: A. Consider approval of resignation of Marvin Franklin from the Coppell Economic Development Foundation; and B. Consider approval of appointment of a member to fill the vacant unexpired Regular term on the Coppell Economic Development Foundation, term to expire July 2006. GOAL(S): Agenda Request Form - Revised 09/04 Document Name: %resignfranklinCEDF-1 AR From: Libby Ball To: Martha Fahlund Date: 5/25/2006 3:07:32 PM Subject: Fwd: Re: Eco. Dev. Foundation >>> Marvin Franklin 5/24/2006 6:50 PM >>> May 24, 2006 Ms. Libby Ball, City Secretary City of Coppell 255 Parkway Blvd. Coppell, TX 75019 RE: Coppell Economic Development Foundation Resignation Dear Ms. Ball: As a result of the recent election and my new position of City Council Member, Place 6 , I hereby request the City of Coppell's acceptance of my resignation from the Coppell Economic Development Foundation. This resignation would be effective immediately. Thank you. Sincerely, Marvin M. Franklin DATE: June 13, 2006 ITEM #: 15 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: June 13, 2006 ITEM #: 16 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Water Usage Update. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: June 13, 2006 ITEM #: 17 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding Council Retreat. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: June 13, 2006 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 13, 2006 Department Submissions: Item Nos. 8/B, 8/C, 9, 10 and 11 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)